Hays v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Canadian County; before Jno L. McAtee, District Judge. STATEMENT OP PACTS. The appellant, Eugene Hays, was indicted, tried, and convicted of the crime of manslaughter in the first degree, and was sentenced to serve a term of twenty years in the territorial penitentiary. From this judgment and sentence Hays appealed to this court, and at a previous term the judgment of the lower court was affirmed.
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Error from the District Court of Canadian County; before Jno L. McAtee, District Judge. STATEMENT OP PACTS. The appellant, Eugene Hays, was indicted, tried, and convicted of the crime of manslaughter in the first degree, and was sentenced to serve a term of twenty years in the territorial penitentiary. From this judgment and sentence Hays appealed to this court, and at a previous term the judgment of the lower court was affirmed. A petition for a rehearing was duly filed, and a,rehearing granted, because counsel for appellant present a question of great importance, which was not properly…
1Opinion of the Court
Opinion of the court by
BüRwell, J.:
The questions presented for our consider- atiera are, can a court compel a defendant, in a felony case, to accompany the jury to view the premises where the homicide is alleged to have occurred? and can it hear any evidence while viewing such premises, or should the court confine the taking of the testimony of witnesses to the court room? It is almost a universal practice in the courts of this country to permit the jury to view the premises where a crime is alleged to have been committed, when, in.the judgment of the court, such view will assist the jury in…
2Cases cited6 opinions
- State v. AdamsSupreme Court of Kansas · 1878
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Shular v. StateIndiana Supreme Court · 1886
- Close v. SammSupreme Court of Iowa · 1869
- Sasse v. StateWisconsin Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Starr v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Gabriel R. Drennen v. The State of WyomingWyoming Supreme Court · 2013
- State v. BakerIdaho Supreme Court · 1916
- State v. MainIdaho Supreme Court · 1923
- State v. RogersSupreme Court of Minnesota · 1920
5 more not listed; retrieve them via the Exa API.